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Serin Alheto v. Zamestnik-Predsedatel Na Darzhavna Agentsia Za Bezhantsite (C.J.E.U.)

Published online by Cambridge University Press:  12 March 2020

Niovi Vavoula
Niovi Vavoula*
Affiliation:
Niovi Vavoula is a Lecturer in Migration and Security at the School of Law of Queen Mary University of London. She holds PhD and LLM degrees from the same university and her expertise lies in the fields of EU immigration law, EU criminal law and privacy law.
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Extract

On July 25, 2018, the EU Court of Justice (CJEU) released its judgment on the case of Alheto, concerning an application for international protection lodged in a European Union (EU) member state by a distinct category of refugees, namely Palestinians registered with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). In dealing with the particular status accorded to such persons, the Court opined that a Palestinian who is registered with UNRWA is excluded from refugee status in the EU, so long as the protection from the UN ad hoc agency is effective, which is ascertained through a full and ex nunc examination of the facts and points of law.

Type
International Legal Documents
Information
International Legal Materials , Volume 59 , Issue 1 , February 2020 , pp. 132 - 158
Copyright
Copyright © 2020 by The American Society of International Law

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References

ENDNOTES

1 UNRWA was set up in 1949 by the UN General Assembly in the aftermath of the Arab–Israeli conflict as an ad hoc agency mandated to protect and assist Palestinian refugees. It operates in Jordan, Lebanon, Syria, the Gaza Strip, and the West Bank under a periodically renewable mandate and provides around 5.5 million “Palestine refugees in the Near East” with services such as medical assistance, camp infrastructure, education, relief, and social services.

2 O.J. (L 337) 9.

3 O.J. (L 180) 60.

4 O.J. (L 326) 13.

5 Case C-585/16, Serin Alheto v. Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite, ¶¶ 67–73 (July 25, 2019), at http://curia.europa.eu/juris/celex.jsf?celex=62016CJ0585&lang1=en&type=TXT&ancre=.

6 Id. ¶¶ 74–80.

7 Id. ¶ 87.

8 Id. ¶¶ 43–45.

9 Id. ¶ 86, discussing the CJEU judgment in Case C-364/11, Abed El Karem El Kott and Others, ¶¶ 49–51, 58–65, 77–81 (December 19, 2012), at http://curia.europa.eu/juris/document/document.jsf?text=&docid=131971&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=3636327.

10 Alheto, supra note 4, ¶ 86.

11 Id. ¶ 90.

12 Id. ¶ 89.

13 Id. ¶¶ 97–99.

14 Id. ¶ 100.

15 Id. ¶¶ 111, 113.

16 Id. ¶ 112.

17 Id. ¶ 113.

18 Id. ¶ 114.

19 Id.

20 Id. ¶ 115.

21 Id. ¶ 120.

22 Id. ¶ 127.

23 Id. ¶ 133.

24 Id. ¶ 139.

25 Article 35(a) reads: “A country can be considered to be a first country of asylum for a particular applicant if: (a) he or she has been recognised … as a refugee.”

26 Alheto, supra note 4, ¶ 140. Supporting non-refoulement means that the person is permitted to stay there in safety, under dignified living conditions and without being at risk of being returned to the territory of habitual residence.

27 Id. ¶ 147.

28 Id. ¶ 148.

29 See UN Economic and Social Council,Evaluation of the Office of the United Nations Relief and Works Agency for Palestine Refugees in the Near East: Report of the Office of Internal Oversight Services (Jan. 12, 2017), https://unwatch.org/wp-content/uploads/2009/12/2016-17-OIOS-UNRWA-Audit.pdf. See also https://www.un.org/unispal/document/unrwa-faces-greatest-financial-crisis-in-its-history-following-2018-funding-cuts-commissioner-general-tells-fourth-committee-press-release. The European Parliament has issued a resolution regarding the latest reductions in the funding of the UNRWA. See European Parliament resolution of 8 February 2018 on the situation of UNRWA, at http://www.europarl.europa.eu/doceo/document/TA-8-2018-0042_EN.html?redirect.